Supreme Court Powers AP Government - Spring 2012

Supreme Court Judicial review Judicial activism Judicial restraint Stare Decisis

Judicial Review The power of the courts to determine the constitutionality of the actions of the executive, legislative, and judicial branches. First established in Marbury v. Madison, 1803

Judicial Activism A doctrine that advocates an active role for the Supreme Court in enforcing the Constitution and in using judicial review. An activist court takes a broad view of the Constitution and involves itself in legislative and executive matters. More likely liberal justices.

Judicial Restraint A doctrine that holds that the Supreme Court should rarely use its power of judicial review or otherwise intervene in the political process. More likely to be a conservative court and a strict interpretation of the Constitution.

Stare Decisis Latin: "to stand by that which is decided.” The principal that the precedent decisions are to be followed by the courts.